California’s Office of Environmental Health Hazard Assessment (OEHHA) released a notice, December 18, 2020, updating the Prop 65 list to include Bisphenol A (CAS 80-05-7), which was already shown for reproductive toxicity but has now added developmental toxicity. It was originally added in April 2013, but a court injunction was filed prohibiting the listing. Their decision to keep the prohibition in place during the court process and final appeal. October 19, 2020, found the Third District Court of Appeal entering a judgment to dissolve the case, allowing OEHHA to reinstate the developmental toxicity endpoint.
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Click here to download the latest Prop 65 list.
Those who sell to the State of California and have Bisphenol A in their products should review both their Safety Data Sheets and chemical labeling, as changes may be required.
In other OEHHA news, a notice of proposed rulemaking was issued to amend Article 6, Clear and Reasonable Warnings Short-Form Warning. The reason for the proposal is to “benefit the health and welfare of California residents by providing more meaningful information regarding their exposures to listed chemicals. The action will also provide clarification and specificity regarding the use of short-form warnings for exposures to listed chemicals from food. The action furthers the right‑to‑know purposes of the statute and therefore promotes public and worker health and safety.”
The proposed amendments would:
- Only allow the short-form warning on products with 5 square inches or less of label space AND the package shape or size cannot accommodate the full-length warning AND the warning is in a type size no smaller than the largest type size used for other consumer information on the product and in no case smaller than 6-point type.
- Eliminate the use of short-form warnings for internet and catalog warnings.
- Clarify how short-form warnings can be used for food products.
- Require that the name of at least one chemical be included in the short-form warning.
- Allow a 1-year phase-in from the date the amendments come into force.
- Permit an unlimited sell-through period for products that were compliant before the amendment comes into force.
Complete information can be found here.
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